Britton v. Elk Valley Bank

In this case there was a demurrer to the complaint on the ground that it did not state a cause of action. The trial court overruled this demurrer and defendant bank alone appeals.

The complaint states that the defendant Elk Valley Bank is a state banking corporation and that defendant A. Stonehouse is its cashier and was such since prior to 1906; that John C. McWilliams who died in 1919 possessed of a large estate in Grand Forks County had in 1906 duly executed his last will "and that shortly thereafter he delivered his last will and testament to the defendant, A. Stonehouse, in the said…